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Brinks Trial: Lawyers Make Last Arguments

NOVEMBER 21, 1994 CLOSINGS After more than six weeks of testimony, the attorneys for the government and the defense had their chance at closing arguments – and their appeals to the jury lasted eight hours. The

After more than six weeks of testimony, the attorneys for the government and the defense had their chance at closing arguments – and their appeals to the jury lasted eight hours.

The arguments revisited what prosecutors portrayed as the most damning evidence and defense lawyers claimed were glaring weaknesses and inconsistencies in the government case.

"You heard Patrick Moloney described as a pious, holy man by his attorney," said Assistant U.S. Attorney Christopher Buscaglia. "You heard Samuel Millar described generally as a poor soul who wanted to come to America to start a new life.

"You heard about, according to (Charles) McCormick's lawyer, an innocent bystander in all of this," Buscaglia continued. "And you heard, as far as (Tom) O'Connor goes, about a distinguished retired police officer. That's what their lawyers said."

But the evidence, he contended, belied those appearances. Instead, he said:

· Extensive police surveillance showed Moloney and Millar carrying money into a Manhattan apartment where $2 million was found, including money from the Brinks robbery. The two also spent money freely in the months after the robbery, without any indication of income that might explain the new-found wealth.

· O'Connor's actions the night of the robbery were not those of a security guard taken hostage but instead those of a man who clearly was the inside connection with the robbery. His story did not match the facts of the case, and his actions – instead of helping investigators as a retired cop would likely do – instead seemed those of a man who did not want to cooperate.

· McCormick had not been honest with investigators when asked whether he held the lease with the apartment where the millions were found.

Defense lawyers assailed the evidence as unconvincing:

· Assistant Federal Public Defender William Clauss reiterated the claim that Moloney may well have thought the money was from Millar's work in illegal Manhattan casinos. Moloney did not know the money was stolen from a Brinks depot, he said.

· Defense lawyer Felix Lapine said the prosecution case against O'Connor rested on little more than his friendship with Millar. Even if they "have a hunch" O'Connor is guilty, he said, they must find that the proof of his guilt is beyond a reasonable doubt.

· Defense lawyer Anthony Leonardo Jr., representing Millar, had perhaps the toughest evidence to overcome. He maintained that all defendants must be cleared of conspiracy charges if O'Connor was acquitted. He tiptoed around Millar's frequent visits into the Manhattan apartment where the money was found. "What control did he have over that apartment … to show that the money was his?" Leonardo said.

· Attorney John Speranza, representing McCormick, revisited how authorities had little evidence against McCormick and had shown no proof that he possessed any extra cash. He proposed to the jury that McCormick had only been charged because prosecutors did not want other defendants given a chance to point to McCormick as a suspect.

After closings, U.S District Judge David Larimer told jurors that they would receive their "charge" – the formal instructions to follow for deliberations – and begin deliberating the next day.

TRIAL TRIFLES

This tidbit actually comes from the previous week, when the defense presented its case.

In a story from Democrat and Chronicle reporter Olivier Gibbons, McCormick revealed that he was unsure about testifying until the last minute. He said he decided during a courtroom break when he and his brother stepped outside for a cigarette.

IN OTHER NEWS

With the GOP having taken control of the House of Representatives with a platform that includes term limits, leading members of the party announce they are now rethinking term limits.

(To read the initial coverage of the discovery of Ronnie Gibbons' remains, click here. To subscribe to notifications of this continuing narrative blog, click here. To read past installments, click here. Notifications will also be sent via my Twitter account @gcraig1. )